2018 -- H 7066

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LC003288

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIALS

     

     Introduced By: Representatives Marshall, Bennett, Blazejewski, Mendonca, and
Costantino

     Date Introduced: January 03, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12-17 of the General Laws entitled "Trial" is hereby amended by

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adding thereto the following sections:

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     12-17-17. Restrictions on the defense of provocation.

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     For purposes of determining sudden quarrel or heat of passion, the provocation was not

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objectively reasonable if it resulted from the discovery of, knowledge about, or potential

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disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual

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orientation, including under circumstances in which the victim made an unwanted non-forcible

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romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a

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romantic relationship.

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     12-17-18. Restrictions on the defense of diminished capacity.

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     A defendant does not suffer from reduced mental capacity based on the discovery of,

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knowledge about, or potential disclosure of the victim's actual or perceived gender, gender

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identity, gender expression, or sexual orientation, including under circumstances in which the

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victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the

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defendant and victim dated or had a romantic or sexual relationship.

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     12-17-19. Restrictions on the defense of self-defense.

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     A person is not justified in using force against another based on the discovery of,

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knowledge about, or potential disclosure of the victim's actual or perceived gender, gender

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identity, gender expression, or sexual orientation, including under circumstances in which the

 

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victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the

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defendant and victim dated or had a romantic or sexual relationship.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIALS

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     This act would restrict the use of a victim's gender or sexual orientation as a defense by

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any defendant claiming provocation, diminished capacity or self-defense and would prohibit the

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court from allowing such information into evidence.

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     This act would take effect upon passage.

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